We’ve written in the past that people online often get way too excited about theoretical pending “discovery” in frivolous lawsuits filed by bad actors. Because while there are certainly a few cases where (1) a frivolous case even reaches discovery and (2) some elements of that discovery are revealed to the public, in the vast majority of cases, that doesn’t happen. The legal strategy for most defendants is to get a case thrown out before it reaches discovery because discovery is incredibly expensive. And, even then, most often what is handed over in discovery never goes public.
But… hey, sometimes, “can’t wait for discovery” turns out to be an accurate sentiment.
Last year we noted that Donald Trump had filed an obviously frivolous lawsuit against the BBC, asking for $10 billion. At issue was an edit in the documentary he didn’t like which might be considered mildly misleading (though Donald Trump repeatedly falsely claimed that the BBC used AI to fabricate quotes, the reality was they edited two separate parts of the same speech to sound like they were said together, when they were really many minutes apart). That’s not defamation, though.
Either way, the case has not been going well for Trump. Because he argued that this documentary (which was only shown once in the UK and not in the US) harmed Trump’s business interests in Florida (where he sued), the BBC asked for Trump’s financial records as part of their discovery requests. Given that Donald Trump made more money last year (around $2 billion) than ever before, even as he remains the President of the United States, it seems like a reasonable request.
Trump and his (not very bright) lawyers tried to wriggle out of this by dropping some of the initial claims that were about how much harm the documentary did to his business, saying instead that it just harmed his reputation. The BBC said it still needed his financial records anyway. And now, Magistrate Judge Enjoliqué Lett has agreed, noting in court that the financial records would be relevant to the claims of reputational harm as well.
“All of President Trump’s brand, properties and businesses are impugned or said to have been impugned. Reputational, economic damages, all of that is now at issue in this case,” Lett said at the conclusion of a three-hour hearing.
Of course, Trump’s lawyers can (and almost certainly will) ask the Article III Judge (Roy Altman, who is a Trump appointee) to overrule the magistrate, but it might not work. After all, earlier in the case, Trump’s lawyers had sought to remove Lett from the case, claiming that she was biased against him, because before she became a Magistrate Judge, she had represented a client in a case against Trump. Judge Altman rejected that claim back in May, siding with his colleague, Magistrate Judge Lett:
The Plaintiff asks us to withdraw our referral of discovery matters from Magistrate Judge Lett and reassign them to a different Magistrate Judge. … He advances two arguments in support of this request: First, he cites our unrelated referral of discovery matters in Donald J. Trump Revocable Trust et al. v. Capital One…. Second, he argues that “Magistrate Judge Lett had appeared as counsel of record on behalf of a party directly adverse to President Trump in active federal litigation: Trump v. Clinton… The Plaintiff’s first argument is unavailing. “Effective April 19, 2026,” Magistrate Judge Hernandez replaced Magistrate Judge Lett as our “paired” Magistrate Judge for Miami-based cases…. We reassigned discovery in Capital One the next day based on case workload and the parties’ compressed discovery period…. Nothing about that decision mandates a withdrawal of the referral in the different circumstances of this case. The Plaintiff next argues that Magistrate Judge Lett previously “represent[ed] [a] defendant directly adverse to President Trump.” … Despite his claim to the contrary, the Plaintiff effectively seeks Magistrate Judge Lett’s recusal. … But 28 U.S.C. § 455 is clear that: “Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.” Accordingly, we’ll leave any decision regarding Magistrate Judge Lett’s recusal to her sound judgment. Signed by Judge Roy K. Altman on 5/19/2026.
So, at this point, Judge Altman seems willing to trust Magistrate Judge Lett’s judgment on the recusal question — and that deference may well carry over to the financial-records dispute too.
Of course, even if discovery does move forward, Trump could still file for a protective order to keep most of the records secret, outside of whatever has to be used in court. Alternatively, he could try to dismiss the case to get out of having to provide discovery.
Either way, this was a stupid, vexatious, obvious SLAPP suit designed to punish the BBC and waste its time and money. So it’s quite nice to see that backfiring on the censorial bully that is the President of the United States.